Virginia Divorce

Like many other states, Virginia allows for either fault or no-fault divorces to end marriages. Seeking a Virginia divorce should not be taken lightly, and all parties are strongly urged to seek legal advice before proceeding. A no-fault Virginia divorce can be had for irreconcilable differences, which simply means that the couple can no longer work out problems and that they have differing goals for their lives that will not work together any longer. If the couple has been living apart and separately for at least a year (six months if there are no children in many cases) including taking meals and sleeping apart from one another, they can file for a no-fault divorce. Because some courts are so backed up with court cases, as soon as you realize that the marriage will not possibly be mended, you should begin the necessary paperwork so that you do not have to wait too long for a finalized divorce. A fault divorce takes longer because one party is accusing the other of wrong doing; wrong doing includes adultery, mental or physical cruelty, incarceration that will likely last over a year or incurable insanity that is likely to last over three years time.

Fast Facts

  • In Virginia, a no-fault divorce may be granted if the parties are found to be living separate lives for one year if there are children in the home or for six months if there are no minor children in the household.
  • At fault divorces may be granted for adultery, felony conviction or abject cruelty.

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